A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
developing child’s brain. Six months in the life of a one year old
represents half of that child’s total life compared to only 1.2% in the
total life for a forty year old. 60
It is in children’s best interests for judges to institute court policies and practices
that diminish delays in child custody decision making, as addressed by the
STANDARDS RELATING TO TRIAL COURTS:
Judges are responsible for the prompt and just disposition of matters
assigned. The bench has the duty to control the movement of cases
through the system. The bar has a duty to cooperate by being ready
to proceed with scheduled matters. Judges should not grant, nor
should lawyers request, postponements except for good cause . . . . 61
Even though the RESOURCE GUIDELINES pertain to the court’s handling of child
abuse and neglect cases, its recommendations on calendaring and case flow
management are relevant to the handling of other types of child custody matters. 62
Samples of some these suggestions are presented below. 63
Docket Control and Scheduling Orders
Court-initiated docket control plays a major role in streamlining the process, with
its emphasis on pretrial scheduling orders, discovery plans, status conferences,
bifurcated trials, and definite final trial settings. No longer must parties live for
years under a cloud of uncertainty about the timing of the litigation process that
temporarily grips their lives. Moreover, lawyers no longer must prepare for the
trial of a single lawsuit time after time because they are not sure when their case
will actually be called to trial.
A primary tool that courts increasingly use to control their dockets is the pretrial
scheduling order, which serves as a roadmap for both the lawyer and client. 64 A
pretrial order assists in the disposition of the case without undue expense or
burden to the parties, aids the trial court in narrowing the issues, and disposes of
other matters which may assist in the final disposition of the action. 65 While
pretrial scheduling orders are not addressed by statute in many states, they are
governed by procedural rules. 66 Because trial courts are vested with broad
authority to manage their dockets and handle all pretrial matters, appellate courts
have routinely held that courts have implied power to make and enforce these
types of orders. 67
Issues covered in pretrial scheduling orders typically include the following:
establishment of a firm date for trial; designation of a level of discovery and
imposition of discovery deadlines; imposition of deadlines for amendment of
pleadings; designation of mediators and orders for mediation; orders for parenting
coordination and other forms of therapeutic intervention; and orders for forensic
evaluations, including social studies, psychological evaluations, and business
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